Madras High Court
The Additional Director Of Survey ... vs K.Sankaran on 1 February, 2021
W.A.(MD)No.184 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.184 of 2021
1.The Additional Director of Survey & Land Records,
Survey & Land Records Department
Chepauk, Chennai.
2.The Regional Deputy Director,
Survey & Land Records Department
Madurai, Madurai District.
3.The Assistant Director,
Survey and Land Records Department
Tirunelveli
Tirunelveli District. :Appellants
Vs.
K.Sankaran : Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.15129/2015 dated 24.01.2020
1/6
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W.A.(MD)No.184 of 2021
For Appellants : Mrs.J.Padmavathi Devi
Special Government Pleader
For Respondent : Mr.M.Ajmal Khan for
M/s.Ajmal Associates
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal is preferred against the order of the learned Single Judge,
who, upon perusing the records, found that due procedure has not been
followed, apart from the punishment being grossly disproportionate.
2.The respondent was issued with a set of charges by the disciplinary
authority. On a perusal of the charges, they are directly against the said
authority, insofar as the violation attributed against the respondent is
concerned. However, not only the charges, but even the final order of
punishment, upon considering the enquiry report, was passed by the same
person. The appeal filed was dismissed.
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W.A.(MD)No.184 of 2021
3.The learned Special Government Pleader appearing for the
appellants submitted that the Rules governing namely, Rule 8(5) and Rule
12 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955
provide for such a punishment. The learned Single Judge order, thus,
requires interference.
4.The learned Senior Counsel appearing for the respondent submitted
that the charges are mainly against insubordination to the disciplinary
authority, who framed them. He then acted as a disciplinary authority.
Therefore, the respondent rightly did not participate in the enquiry. One of
the charge was the subject matter of the earlier proceedings, in which,
withholding of increment was ordered. This was again quoted in the present
charge memo. In fact, the disciplinary authority relieved the respondent.
Curiously a charge has been framed for not getting relieved. Therefore, not
only non application of mind, but also there is no fairness in the enquiry
conducted.
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W.A.(MD)No.184 of 2021
5.We are inclined to concur with the submissions made by the learned
Senior counsel for the respondent and thus, the finding rendered by the
learned Single Judge does not warrant interference. In a departmental
enquiry, fairness in action is indispensable. Not only the disciplinary
authority, but the appellate authority can also exercise the power. However,
when the charges framed against the delinquent officer or against the
insubordination shown to a particular individual superior officer, he cannot
act as a disciplinary authority, though there may not be a bar in framing the
charges. Enquiry conducted in pursuant to the charges framed is a piece of
evidence to be appreciated by the disciplinary authority. When the
disciplinary authority himself is a person, against whom, a delinquent
officer is stated to have involved in insubordination, he cannot wear two
caps and act in twin capacity. Therefore, the very passing of the order
imposing punishment against the respondent cannot be sustained in the eye
of law.
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W.A.(MD)No.184 of 2021
6.Thus, we do not find any error in the ultimate conclusion arrived at
by the learned Single Judge. Accordingly, the writ appeal is dismissed. No
costs.
[M.M.S., J.] & [S.A.I, J.]
01.02.2021
Index : Yes/No
Internet : Yes
RR
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W.A.(MD)No.184 of 2021
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.184 of 2021
01.02.2021
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